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Agenda 02/23/2010 Item #16B 1 Agenda Item No. 16B1 February 23, 2010 Page 1 of 18 EXECUTIVE SUMMARY Recommendation to approve a resolution providing for the acceptance of real property conveyances to the County or to the County Water-Sewer District which are made pursuant to ordinances, agreements, conditional use stipulations, or which have been requested by the County Manager, or his designee, as a pre-condition for the approval of site development plans, and which authorizes the Chairman of the Board to execute certain agreements related to said conveyances. OBJECTIVE: To approve a resolution accepting certain real property conveyances, delegating authority to the Board Chairman to execute certain agreements on behalf of the Board, and delegating certain ministerial authority to the County Manager, or his designee, to record said conveyances in the public records, CONSIDERATIONS: All throughout each year, various interests in real property must be conveyed to Collier County in order to fulfill development commitments as required by re-zone ordinances, conditional use stipulations and site development plan approvals, The formal acceptance of these conveyances is necessary for the establishment of the right to construct and/or maintain improvements over, under, upon and across said real property, Resolution Number 2004-209 approved by the Board on June 22, 2004, provided for the acceptance of such real property conveyances but fell short of authorizing the Chairman of the Board to execute certain agreements on behalf of the Board, There are two types of agreements which are important to many ofthese real estate transactions: I. "Donation" Agreements - where it is documented that no compensation whatsoever is being paid to the grantor in exchange for the real property conveyance; and 2. Utility Subordination Agreements - where entry into such agreement with a utility service provider is required in order to obtain the utility company's subordination of their prior easement interest to that of the interest sought by the County, A "Sample Real Property Conveyance Agreement" is attached to the resolution as Exhibit "A." The important provisions of this agreement are that no compensation shall be paid for the real property interest being conveyed, and that the conveyance is contingent upon no other provisions, conditions, or premises other than those so stated in the agreement; and that the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained therein. This language is intended to foreclose future disputes before they are made, wherein a property owner claims that certain promises were made by County staff in exchange for the conveyance of the real property interest. In addition, a "Sample Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations" is attached to the resolution as Exhibit "B." The provisions of Agenda Item No. 1681 February 23,2010 Page 2 of 18 these agreements, the basic format of which is used by nearly all utilities (Florida Power and Light, Embarq, Comcast, AT&T, etc.), conform to the Utility Accommodation Guide which has as its root Federal Highway Administration interstate highway policies and procedures, and which is promulgated by FDOT Agency Rule in the Florida Administrative Code, ChapterI4-46. The basic provisions of the Utility Accommodation Guide are as follows: If the utility company's existing facilities are located in the public right-of-way, and they need to be moved to accommodate public works improvements, then the utility company must relocate them at the company's expense. If the utility company's existing facilities are located in an easement held by the company, and they need to be moved to accommodate public works improvements, then the government pays for the relocation. The cost of utility facilities relocation is usually never known until just prior to construction when the utility develops a relocation plan, and a cost estimate, and then makes an adjustment for the useful service life of the facilities. If the facilities have to be moved, and the company is entitled to reimbursement. then the cost is whatever it is, and the govemment either pays it, or redesigns or abandons its public works project. The attached Resolution creates a blanket acceptance of real property conveyances made to Collier County which have been requested by Collier County, through one venue or another, streamlines the process for recording such conveyances in the public records, and delegates authority to the Board Chairman to execute certain agreements on behalf ofthe Board. FISCAL IMPACT: There will be no fiscal impact on the planned budget as a result of this request. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's long- range planning effort. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action.-RNZ RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to execute the attached Reso lution. Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager, TECM Attachments: (1) Resolution No. 2010-_ (ready for adoption by the Board, execution by its Chairman, and indexing by the Clerk); (2) Sample Real Property Conveyance Agreement (as Exhibit "A" to the Resolution); (3)Sample Utility Subordination and Facilities Relocation Agreement (as Exhibit "B" to the Resolution); (4) Resolution No. 2004-209 (the Resolution being superseded); and (5) a red-lined version of Resolution No. 2004-209. Agenda Item No. 1681 February 23,2010 Page 3 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1681 Recommendation to approve a Resolution providing for the acceptance of real property conveyances to the County or to the County Water-Sewer District which are made pursuant to ordinances, agreements, conditional use stipulations, or which have been requested by the County Manager, or his designee, as a pre-condition for the approval of site development plans, and which authorizes the Chairman of the Board to execute certain agreements related to said conveyances. Meeting Date: 2/23/20109:00:00 AM Prepared By Kevin Hendricks Manager ~ Right of Way Transportation Engineering & Construction Management Date Transportation Division 1181201011:18:32 AM Approved By Kevin Hendricks Manager - Right of Way Transportation Engineering & Construction Management Date Transportation Division 1/81201011:42 AM Approved By Norm E. Feder, AICP Administrator ~ Transportation Date Transportation Division Transportation Administration 1/8/20104:36 PM Approved By Robert N, Zachary Assistant County Attorney Date County Attorney County Attorney 11111201012:37 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 1/11/201012:48 PM Approved By Therese Stanley Manager ~ Operations Support - Trans Date Transportation Division Transportation Administration 1111/20104:52 PM Approved By Najeh Ahmad Director - Transportation Engineering Transportation Engineering & Construction Management Date Transportation Division 1/12120109:43 AM Approved By Toni A. Mott Manager - Property Acquisition & Const M Date Administrative Services Agenda Item No. 1681 February 23,2010 Page 4 of 18 Division Facilities Management 1/12/20103:02 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Division Transportation Administration 1/13/201011:02 AM Approved By Jeff Klatzkow County Attorney Date 1/14/20104:43 PM Approved By Skip Camp, C.F.M, Director ~ Facilities Management Date Administrative Services Division Facilities Management 219120103:25 PM Approved By James W. DeLany Date County Attorney County Attorney 219/2010 3:59 PM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 2/10/20109:37 AM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 2/10/20106:02 PM Agenda Item No. 1681 February 23, 2010 Page 5 of 18 SAMPLE REAL PROPERTY CONVEYANCE AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20_, by and between , whose mailing address is (hereinafter referred to as "Grantor"), and COLLIER CO UNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Grantor convey to the County an Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County, NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10,00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2, Grantor shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Grantor's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing," 3. Prior to Closing, Grantor shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. At or prior to Closing, Grantor shall provide County with a copy of any existing prior title insurance policies. Grantor shall provide such instruments, properly executed, to County on or before the date of Closing. 4. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to Agenda Item No. 1681 February 23, 2010 Page 6 of 18 extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Easement. 5, County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees, In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement. 6. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 7. Conveyance of the Easement by Grantor is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein, 8, This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk , Chairman Last Revised: 11/30/09 Agenda Item No. 1681 February 23. 2010 Page 7 of 18 AS TO GRANTOR: DATED: Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Assistant County Attomey Last Revised: 11130109 Agenda Item No. 1681 February 23,2010 Page 8 of 18 SAMPLE SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this _ day of , 20] 0, by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), and [NAME OF UTILITY PROVIDER 1 (hereinafter referred to as "Utility"), WITNESE TH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of-way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit" A", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over, through, upon, and/or across such lands, based on the following: NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK, PAGE The County and the Utility further agree that: I. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit" A", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as ofthe date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. Agenda Item No. 1681 February 23. 2010 Page 9 of 18 3, The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility, 5, The Utility agrees to repair any damage to County facilities and to indemnifY the County against any loss or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right-of-way, 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations on the day and year first above written. ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk ,CHAIRMAN Signed, sealed and delivered in the presence of: Print Name: By: Title: Print Name: By: By: Print Name: (Corporate Seal) 2 Utility Subordination Agreement Agenda Item No. 1681 February 23, 2010 Page 10 of 18 STATE OF COUNTY OF I hereby certiry that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared , to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as the of and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this _ day of ,2010, (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial/Commission # (if any): My Commission Expires: Approved as to form and legal sufficiency: Assistant County Attorney 3 Utility Subordination Agreement RESOLUTION NO. 2004. 209 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COILIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF AIL REAL PROPERTY CONVEYANCES MADE EITHER TO COll.lE.R COUNTY. A POUTICAL SUBDIVISION OF THE STArn OF FLORIDA, OR TO THE COILIER COUNTY WArnR.SEWER DISTRICT, WHICH ARE HEREAFI'IlR MADE IN COMPUANCE WITII THE DEVELOPMENT COMMITMENT REQUlREMENTs OF ANY AND AU. ORDINANCES, OR IN FULFILLMENT OF OBUGATIONS PURSUANT TO AGREEMENTS, DEVELOPMENT ORDERS, SITE DEVELOPMENT PLAN REQUIREMENTS OR STIPULATIONS, OR AS MAY BE REQUIRED FOR THE CONSTRUCTION OF ANY CAPITAL IMPROVEMENT PROJECT. Agenda Item NO.1 1 February 23, 2 10 Page 11 0 18 WHEREAS, the Board of County Commissioners is the governing body of Collier County, a political subdivision of the State of Florida, and in addition is ex-officio the Governing Board of the Collier County Water-Sewer District (hereinafter coliectively referred to as "Collier County"); and WHEREAS, various interests in real property must often be conveyed to Collier County for pUblic use in order to fulfill certain development commitments stipulated by Collier County ordinances, development orders, conditional use approvals, site development plan approvals, or in order to fulfill obligations which may now or in the future be contained in agreements between Collier County and any legal entity for the construction of capital improvement projects; and WHEREAS, the fonnal acceptance by Collier County of such conveyances is important in tbat infrastructure maintenance responsibilities are thereby established, and the public's right to utilize certain real property becomes documented through such acceptance; and WHEREAS, the growth of Collier County necessitates an 'increasing number of such conveyances year after year, which would otherwise require C;:ounty staff to prepare an increasing number of executive summaries to bring each separate "acceptance" before' the Board of County Commissioners; and WHEREAS, it is desirable and in the best interest of Collier County to reduce the staff time and paperwork whicb is generated by the fonnalized acceptance process for each cnnveyance. NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be conveyed to Collier County, or to the Coiiier County Water.Sewer District, and which are conveyed as a development commitment requirement pursuant to any County ordinance, ss a stipulation or .con~ition of Conditional Use approval or Site Development Plan approvsl, or in fulfillment of any obligation which may now or in the future be contained in any agreement between Coilier County and any other legal entity, or which real property conveyances are required for the construction of Page 1 Agenda Item No. 1 1 February 23,2 10 Page 12 of 18 any capital project which hu been approved by the Board of County Commissioners, are hereby accepted. AND IT IS FURTIlliR RESOLVED that in order to document the acceptance of any such conveyance of an interest in real property to Collier County, a stamp or seal attesting to acceptance on behalf of Collier County, with reference made to this resolution. shall be affixed to such conveyance instrument by County staff prior to Ita recording In th. Public Rccorda of Collier County, Florida. AND IT IS FURTIlBR RESOLVED that the Chairman of the Board of County Commissioners is hereby authorized to execute all documenta pertaining to the acceptance of any such real property conveyance. or pertaining to lhe clemng of the lien of any encumbrances from any such conveyance, AND IT IS FURTIlBR RESOLVED that the staff Is authorized to follow proper real estate closing procedures and record all such conveyance and curative instruments in the Public Records of Collier County, Florida. AND IT IS FURTIlBR RESOLVED that Resolution No, 2004-25 is hereby superseded snd replaced in its entirety. ~^L _ TIllS RESOLUTION ADOPTED on this L day of " JV/\ L , 2004 after motion, second and majority vote. ATI'EST: DWIOlIT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS . OF COLLIER COUNTY ;~RIDA BY:DONNb~f~il . .\~1' e01RD . ~(t;M~;f4..~lI C. .' ~ ,<f'\.....t~ ....:. . to. l>""1~"'~;~ .J~ Attest I' "t!l tJ;i,1riM"~ . ~ slgn.tur'~I:J1;;'i!LlIP c{ @,.,..... .i, . '''J,'': ~ ~~~~~ i~ ~ ~\~~~ Approvod as to form and legal sufficiency: tJAd fA- I ......- HeIdi F. Ashton Aasiatant County Attorney 118m' Ih.B6 ~::d8 6, 21 o'{ ~~~d 6:ra~{jj Page 2 Agenda Item No. 1681 February 23, 2010 Page 13 of 18 RESOLUTION NO. 2004-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL REAL PROPERTY CONVEYANCES MADE EITHER TO COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, OR TO THE COLLIER COUNTY WATER-SEWER DISTRICT, WHICH ARE HEREAFTER MADE IN COMPLIANCE WIllI THE DEVELOPMENT COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES, OR IN FULFILLMENT OF OBLIGATIONS PURSUANT TO AGREEMENTS, DEVELOPMENT ORDERS, SITE DEVELOPMENT PLAN REQUIREMENTS OR STIPULATIONS, OR AS MAY BE REQUIRED FOR THE CONSTRUCTION OF ANY CAPITAL IMPROVEMENT PROJECT, WHEREAS, the Board of County Commissioners is the governing body of Collier County, a political subdivision of the State of Florida (hereinafter referred to as "Countv"):. and iF! ad.aitisfI. is ei'~ eff:ieie tAe CEP:emiRg Beard sftAe Callier CSI:IR't 'Vater Se',n~r Distriet (h8Feiaa:fl:er eslleeti\'ely refeFfea 18 as "Callier (BURt) "); aaa WHEREAS. the Board of County Commissioners is also ex-officio the Governine: Board of the Collier County Water-Sewer District (hereinafter referred to as "District"): and WHEREAS, various interests in real property must often be conveyed to GeHieF the County and to the District for public use in order to~ fulfill certain development commitments stipulated by Collier County ordinances, development orders, conditional use approvals, site development plan approvals;~ ar if!. ar€er t8 fulfill obligations which may now or in the future be contained in agreements between GeJHep either the County or the District and any legal eatity orooertv owner: or (3) which are conveyed to the County or to the District. at the reQuest of the County ManatZer or his desie:nee. for the construction of capital improvement projects; and WHEREAS, the exoress and fonna! acceptance by b<>!lief the County and/or the District of such real orooerty conveyances is important ffi &that infrastructure maintenance responsibilities are theres) established, and the public's right to utilize certain real property becomes documented through such acceptance; and WHEREAS, the growth of Collier County necessitates an increasing number of such conveyances year after year, which would otherwise require Ce1:lIltJ' staff t8 the prepareation of an increasing number of executive summaries to BRAg for the ournose of olacine: each separate "aseef)tElRee" conveYance before the Board of County Commissioners for its exoress and formal acceotance.t-aRd Page 1 Agenda Item No. 1681 February 23,2010 Page 14 of 18 'NHERE.\~, it is aesil'8sle afu:l ia tke l3est iateFe5t efCellier CS1:tRtj ta reaaee H=ie staff tifFI e amI pa]ger"\ 81'1: y. Aieh is geaeFatee l3y the f<8FffiWized aeeeptaflse f.lfseess fer eaeh ssm ej Rase. NOW, THEREFORE. BE IT RESOLVED that all interests in real property which may be conveyed to GetHef-~County; or to the Callier rauB!)' WatBf Sewer District, and which are conveyed~ as a development commitment requirement pursuant to any County ordinance or develooment order, as a stipulation or condition of Conditional Use approval Of Site Development Plan approval~; 6f- _i2.lJn fulfillment of any obligation which may now or in the future be contained in any agreement between GetHef ~County or the District and any etker legal eAtit)'orooertv owner:, or iJl..which real property conveyances to the Countv or to the District which have been reouested bv the County Manal!er or his desil!nee. and are required for the construction of any Board~aDDroved capital imorovement project ""flieR Bas BeeR RflfJrs\ ea BY tRe Beara Elf Ce\:ffit) CefRfflissisReFS, are hereby accepted. AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such conveyance of an interest in real property to Collier County, a stamp or seal attesting to acceptance on behalf of Collier County, with reference made to this resolution, shall be affixed to such conveyance instrument 8) CBoot:.' staff prior to its recording in the Public Records of Collier County, Florida. AND IT IS FURTHER RESOLVED that the Board aooroves and authorizes its Chairman to execute on behalf of the Board a2Teements between real propertY Grantors and the County or the District for which no compensation is beinl! oaid. and in substantially the same fonn as the Samole Real Property Conveyance Aereement attached hereto and made a Dart hereof as Exhibit "A." ef Catm.t:. CSffimissieners is keres) a1.ttfJ.erizea t8 eneel:1te all aSel:1ffleRts fJertaiRiag t8 t.BE! li€sefJt;aRee of any Sl:16B real fJrsJ3erty em}'.'e:, ane!!, Elf 13er-taiRiag ta 1:J:Je steering aftRe lien af an:.' efl61:lffiBFafleeS item aR:" SlieR eeR':eyanee. AND IT IS FURTHER RESOLVED that the Board herebv aooroves and authorizes its Chainnan to execute on behalf of the Board a2Teements between Utility Providers and the County or the District in substantiallv the same Conn as that Samole Subordination of Utility Interests and Al!reement for Reimbursement for Additional Facilities Relocation attached hereto and made a Dart hereof as Exhibit "B." Page 2 Agenda Item No. 1681 February 23, 2010 Page 15 of 18 AND IT IS FURlliER RESOLVED that the 5laff the County Mana,er or his des;""ee is authorized to follow proper real estate closing procedures and record all such conveyance and curative instruments in the Public Records of Collier County, Florida. AND IT IS FURlliER RESOLVED that Resolution No. 2004-~209is hereby superseded and replaced in its entirety. lliIS RESOLUTION ADOPTED on this _ day of and majority vote. , 200410 after motion, second ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLEDON'I'J.\ FIALA. Chairman Approved as to form and legal sufficiency: He;"i F, . \sAtaRRobert N, Zacharv Assistant County Attorney Page 3 Agenda Item No. 1681 February 23, 2010 Page 16 of 18 RESOLUTION NO. 2010-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL REAL PROPERTY CONVEYANCES MADE EITHER TO COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. OR TO THE COLLIER COUNTY WATER-SEWER DISTRICT, WHICH ARE HEREAFTER MADE IN COMPLIANCE WITH THE DEVELOPMENT COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES, OR IN FULFILLMENT OF OBLIGATIONS PURSUANT TO AGREEMENTS, DEVELOPMENT ORDERS, SITE DEVELOPMENT PLAN REQUIREMENTS OR STIPULATIONS, OR AS MAY BE REQUIRED FOR THE CONSTRUCTION OF ANY CAPITAL IMPROVEMENT PROJECT, WHEREAS, the Board of County Commissioners is the governing body of Collier County, a political subdivision of the State of Florida (hereinafter referred to as "County"), and WHEREAS, the Board of County Commissioners is also ex-officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as "District"); and WHEREAS. various interests in real property must often be conveyed to the County and to the District for public use in order to: (1) fulfill certain development commitments stipulated by Collier County ordinances, development orders, conditional use approvals, or site development plan approvals; or (2) fulfill obligations which may now or in the future be contained in agreements between either the County or the District and any property owner; or (3) which are conveyed to the County or to the District, at the request of the County Manager or his designee, for the construction of capital improvement projects; and WHEREAS, the express and formal acceptance by the County and/or the District of such real property conveyances is important so that infrastructure maintenance responsibilities are established, and the public's right to utilize certain real property becomes documented through such acceptance; and Agenda Item No. 1681 February 23,2010 Page 17 of 18 WHEREAS, the growth of Collier County necessitates an increasing number of such conveyances year after year, which would otherwise require the preparation of an increasing number of executive summaries for the purpose of placing each separate conveyance before the Board of County Commissioners for its express and formal acceptance, NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be conveyed to the County or to the District, and which are conveyed: (I) as a development commitment requirement pursuant to any County ordinance or development order or, as a stipulation or condition of Conditional Use approval or Site Development Plan approval, or (2) in fulfillment of any obligation which may now or in the future be contained in any agreement between the County or the District and any property owner; or (3) which real property conveyances to the County or to the District which have been requested by the County Manager or his designee, and are required for the construction of any Board-approved capital improvement project, are hereby accepted. AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such conveyance of an interest in real property to Collier County, a stamp or seal attesting to acceptance on behalf of Collier County, with reference made to this resolution, shall be affixed to such conveyance instrument prior to its recording in the Public Records of Collier County, Florida. AND IT IS FURTHER RESOLVED that the Board hereby approves and authorizes its Chairman to execute on behalf of the Board agreements between real property Grantors and the County or the District for which no compensation is being paid, and in substantially the same form as that Sample Real Property Conveyance Agreement attached hereto and made a part hereof as Exhibit "A," Page 2 _.._.._.._--_.^~----_...._._-- - Agenda Item No. 1681 February 23,2010 Page 18 of 18 AND IT IS FURTHER RESOLVED that the Board hereby approves and authorizes its Chairman to execute on behalf of the Board agreements between U1ility Providers and the County or the District in substantially the same form as that Sample Subordination of Utility Interests and Agreement for Reimbursement for Additional Facilities Relocation attached hereto and made a part hereof as Exhibit "B." AND IT IS FURTHER RESOLVED that the County Manager or his designee is authorized to follow proper real estate closing procedures and record all such conveyance and/or curative instruments in the Public Records of Collier County, Florida. AND IT IS FURTHER RESOLVED that Resolution No. 2004-209 is hereby superseded and replaced in its entirety. TillS RESOLUTION ADOPTED on this _ day of , 20 I 0 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and ~~ r Robert N. Z ary Assistant County Attorney Page 3